While it sounds simple, this “first-breach rule” only applies if the initial breach was “substantial.” Id. For a breach to be substantial, it must change the contract such that further performance by the other party is rendered ineffective or impossible.
The procuring cause doctrine would simply assist the Court to determine the extent of the sales made by plaintiff. To determine whether commissions were earned, which is the heart of the dispute between the parties, the Court must complete a careful analysis under the SRCA.
What Is The Procuring Cause? A procuring cause in real estate transactions refers to the real estate agent or broker whose actions resulted in the sale. As a result of their actions, that real estate professional is compensated with a commission from the property sale.
The Management and Budget Act, Public Act 431 of 1984.
Sales Commission Agreement Proposal Mention your company's and your client's details. Draft details about authorization, documentation, Non-compete, and non-disclosure. Mentions details about responsibilities, documenting time, commission structure etc. Add details about terms and conditions.
The commission rate clause sets forth the rate at which the sales representative will earn commissions on all sales. This can be stated as a flat percentage, such as a per cent, or it may be stated as a percentage that increases based upon a certain number of sales achieved by the representative.
Elements of a sales agreement Buyer and seller names and contact information. Description of goods, services, or property being purchased. Payment amount, dates, and method. Liability of each party in the case of loss, damage, or delivery failure. Ownership information, such as when ownership formally transfers to the buyer.